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航空運送状 裏面約款 (IATA Resolution 600b) の改訂について

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2008 年 1 月 23 日
お客様各位
日本貨物航空株式会社
航空運送状 裏面約款 (IATA Resolution 600b) の改訂について
改訂について
拝啓 時下益々ご清栄のこととお慶び申し上げます。平素より日本貨物航空をご利用頂き誠に有難う
ございます。
さて、昨年 3 月にメキシコ・シティーで開催された IATA 貨物サービス会議において、IATA 決議 600b
号で規定される航空運送状裏面約款の改訂が下記の通り合意されました。この改訂は既に各国政府の
認可を取得しており、本年 3 月 17 日に発効する予定です。本改訂の発効に伴い、当社の運送状裏面約
款も 3 月 17 日より同内容に改訂致しますのでご案内申し上げます。
記
1.運送人(
運送人(航空会社)
航空会社)の責任限度額
裏面約款に記載される運送責任限度額に関して、ワルソー条約で定めている 250 フランス金フランの
換算額を、運送人の運送約款にそれ以上の特段の定めがない限り 17SDR とする。(本年 3 月17日より、
ワルソー条約、モントリオール条約の責任限度額は 17SDR に統一される。)
2.条約が
条約が適用されない
適用されない運送
されない運送
ワルソー条約、及びモントリオール条約が適用されない運送における責任限度額は、運送人のタリフま
たは運送約款に定める責任限度額を下回らないこととし、更に米国発着関しては、運送人の責任限度
額は 17SDR を下回らないこととする。
3.部分的紛失 ( Partial Loss ) の取扱い
取扱い
IATA 決議 600b 第 10 条 1.1. で規定する対象貨物(損害賠償請求期限が 14 日以内と定められてい
る)から「部分的紛失」を削除する。これによって「部分的紛失」の場合の損害賠償請求期限は 第 10 条
1.3. に定める「引渡不能」貨物と同様の条件(運送状発行日から 120 日以内)で処理されることとなる。
4.通過国(
通過国(上空通過を
上空通過を含む)
現行の IATA 決議 600b 号第 11 条で荷主は航空会社に運送を委託する際に、発地国、着地国、通過
国が定める全ての法令を遵守する義務があり、また運送に必要な情報等を航空会社に通知する義務
を負うと規定しているが、このうち「通過国」を削除する。但し、事前に通過国が通知されている場合は、
荷主は従来通り法令順守の必要がある。
5.決議文末尾の
決議文末尾の脚注 ( Note )
250 フランス金フランの換算を本文で定めたため、不要となった当該決議末尾の注解 “250 French
gold francs is equal to approximately 17 SDR.” を削除する。
以上
ご不明な点がございましたら、最寄りの営業窓口までお問い合わせ下さい。
NOTICE: Resolution 600b shall be effective on 17 March 2008; and simultaneously
Resolution 600b(II) shall be deemed rescinded on 17 March 2008.
RESOLUTION 600b
AIR WAYBILL – CONDITIONS OF CONTRACT
CSC(29) 600b
Indefinite
Expiry:
Type:
B
RESOLVED that:
The following Conditions of Contract and Notices be included on an Air Waybill.
I. NOTICE APPEARING ON THE FACE OF THE AIR WAYBILL
It is agreed that the goods described herein are accepted in apparent good order and
condition (except as noted) for carriage SUBJECT TO THE CONDITIONS OF CONTRACT
ON THE REVERSE HEREOF. ALL GOODS MAY BE CARRIED BY ANY OTHER MEANS
INCLUDING ROAD OR ANY OTHER CARRIER UNLESS SPECIFIC CONTRARY
INSTRUCTIONS ARE GIVEN HEREON BY THE SHIPPER, AND SHIPPER AGREES THAT
THE SHIPMENT MAY BE CARRIED VIA INTERMEDIATE STOPPING PLACES WHICH THE
CARRIER DEEMS APPPROPRIATE. THE SHIPPER’S ATTENTION IS DRAWN TO THE
NOTICE CONCERNING CARRIER’S LIMITATION OF LIABILITY. Shipper may increase
such limitation of liability by declaring a higher value for carriage and paying supplemental
charge if required.
II. CONDITIONS OF CONTRACT ON REVERSE SIDE OF THE AIR WAYBILL
NOTICE CONCERNING CARRIERS’ LIMITATION OF LIABILITY
If the carriage involves an ultimate destination or stop in a country other than the country of
departure, the Warsaw Convention or the Montreal Convention may be applicable and in most
cases limit the liability of the Carrier in respect of loss of, damage or delay to cargo.
Depending on the applicable regime, and unless a higher value is declared, liability of the
Carrier may be limited to 17 Special Drawing Rights per kilogram or 250 French gold francs
per kilogram, converted into national currency under applicable law. Carrier will treat 250
French gold francs to be the conversion equivalent of 17 Special Drawing Rights unless a
greater amount is specified in the Carrier's conditions of carriage.
* This Resolution is in the hands of all IATA Cargo Agents.
CONDITIONS OF CONTRACT
1. In this contract and the Notices appearing hereon:
CARRIER includes the air carrier issuing this air waybill and all carriers that carry or
undertake to carry the cargo or perform any other services related to such carriage.
SPECIAL DRAWING RIGHT (SDR) is a Special Drawing Right as defined by the International
Monetary Fund.
WARSAW CONVENTION means whichever of the following instruments is applicable to the
contract of carriage:
the Convention for the Unification of Certain Rules Relating to International Carriage by Air,
signed at Warsaw, 12 October 1929;
that Convention as amended at The Hague on 28 September 1955;
that Convention as amended at The Hague 1955 and by Montreal Protocol No. 1, 2, or 4
(1975) as the case may be.
MONTREAL CONVENTION means the Convention for the Unification of Certain Rules for
International Carriage by Air, done at Montreal on 28 May 1999.
2./2.1 Carriage is subject to the rules relating to liability established by the Warsaw
Convention or the Montreal Convention unless such carriage is not “international carriage”
as defined by the applicable Conventions.
2.2
To the extent not in conflict with the foregoing, carriage and other related services
performed by each Carrier are subject to:
2.2.1
applicable laws and government regulations;
2.2.2 provisions contained in the air waybill, Carrier’s conditions of carriage and related
rules, regulations, and timetables (but not the times of departure and arrival stated therein)
and applicable tariffs of such Carrier, which are made part hereof, and which may be
inspected at any airports or other cargo sales offices from which it operates regular services.
When carriage is to/from the USA, the shipper and the consignee are entitled, upon request,
to receive a free copy of the Carrier’s conditions of carriage. The Carrier’s conditions of
carriage include, but are not limited to:
2.2.2.1 limits on the Carrier’s liability for loss, damage or delay of goods, including fragile
or perishable goods;
2.2.2.2 claims restrictions, including time periods within which shippers or consignees
must file a claim or bring an action against the Carrier for its acts or omissions, or
those of its agents;
2.2.2.3 rights, if any, of the Carrier to change the terms of the contract;
2.2.2.4 rules about Carrier’s right to refuse to carry;
2.2.2.5 rights of the Carrier and limitations concerning delay or failure to perform service,
including schedule changes, substitution of alternate Carrier or aircraft and
rerouting.
3.
The agreed stopping places (which may be altered by Carrier in case of necessity)
are those places, except the place of departure and place of destination, set forth on the face
hereof or shown in Carrier’s timetables as scheduled stopping places for the route. Carriage
to be performed hereunder by several successive Carriers is regarded as a single operation.
4.
For carriage to which neither the Warsaw Convention nor the Montreal Convention
applies, Carrier’s liability limitation shall not be less than the per kilogram monetary limit set
out in Carrier’s tariffs or general conditions of carriage for cargo lost, damaged or delayed,
provided that any such limitation of liability in an amount less than 17 SDR per kilogram will
not apply for carriage to or from the United States.
5./5.1 Except when the Carrier has extended credit to the consignee without the written
consent of the shipper, the shipper guarantees payment of all charges for the carriage due in
accordance with Carrier’s tariff, conditions of carriage and related regulations, applicable laws
(including national
laws implementing the Warsaw Convention and the Montreal
Convention), government regulations, orders and requirements.
5.2
When no part of the consignment is delivered, a claim with respect to such
consignment will be considered even though transportation charges thereon are unpaid.
6./6.1 For cargo accepted for carriage, the Warsaw Convention and the Montreal Convention
permit shipper to increase the limitation of liability by declaring a higher value for carriage and
paying a supplemental charge if required.
6.2
In carriage to which neither the Warsaw Convention nor the Montreal Convention
applies Carrier shall, in accordance with the procedures set forth in its general
conditions of carriage and applicable tariffs, permit shipper to increase the limitation of
liability by declaring a higher value for carriage and paying a supplemental charge if so
required.
7./7.1 In cases of loss of, damage or delay to part of the cargo, the weight to be taken into
account in determining Carrier’s limit of liability shall be only the weight of the package or
packages concerned.
7.2
Notwithstanding any other provisions, for “foreign air transportation” as defined by the
U.S. Transportation Code:
7.2.1
in the case of loss of, damage or delay to a shipment, the weight to be used in
determining Carrier’s limit of liability shall be the weight which is used to determine the
charge for carriage of such shipment; and
7.2.2
in the case of loss of, damage or delay to a part of a shipment, the shipment weight
in 7.2.1 shall be prorated to the packages covered by the same air waybill whose
value is affected by the loss, damage or delay. The weight applicable in the case of
loss or damage to one or more articles in a package shall be the weight of the entire
package.
8. Any exclusion or limitation of liability applicable to Carrier shall apply to Carrier’s
agents, employees, and representatives and to any person whose aircraft or
equipment is used by Carrier for carriage and such person’s agents, employees
and representatives.
9. Carrier undertakes to complete the carriage with reasonable dispatch. Where
permitted by applicable laws, tariffs and government regulations, Carrier may use
alternative carriers, aircraft or modes of transport without notice but with due
regard to the interests of the shipper. Carrier is authorised by the shipper to
select the routing and all intermediate stopping places that it deems appropriate or
to change or deviate from the routing shown on the face hereof.
10. Receipt by the person entitled to delivery of the cargo without complaint shall be prima
facie evidence that the cargo has been delivered in good condition and in
accordance with the contract of carriage.
10.1
In the case of loss of, damage or delay to cargo a written complaint must be made to
Carrier by the person entitled to delivery. Such complaint must be made:
10.1.1 in the case of damage to the cargo, immediately after discovery of the damage and at
the latest within 14 days from the date of receipt of the cargo;
10.1.2 in the case of delay, within 21 days from the date on which the cargo was placed at
the disposal of the person entitled to delivery.
10.1.3 in the case of non-delivery of the cargo, within 120 days from the date of issue of the
air waybill, or if an air waybill has not been issued, within 120 days from the date of receipt of
the cargo for transportation by the Carrier.
10.2
Such complaint may be made to the Carrier whose air waybill was used, or to the first
Carrier or to the last Carrier or to the Carrier, which performed the carriage during which the
loss, damage or delay took place.
10.3 Unless a written complaint is made within the time limits specified in 10.1 no action
may be brought against Carrier.
10.4 Any rights to damages against Carrier shall be extinguished unless an action is
brought within two years from the date of arrival at the destination, or from the date on which
the aircraft ought to have arrived, or from the date on which the carriage stopped.
11.
Shipper shall comply with all applicable laws and government regulations of any
country to or from which the cargo may be carried, including those relating to the packing,
carriage or delivery of the cargo, and shall furnish such information and attach such
documents to the air waybill as may be necessary to comply with such laws and regulations.
Carrier is not liable to shipper and shipper shall indemnify Carrier for loss or expense due to
shipper’s failure to comply with this provision.
12.
No agent, employee or representative of Carrier has authority to alter, modify or waive
any provisions of this contract.
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